Análisis de Interpretación de la Entrevista

Sclerocactus mesae-verdae (Mesa Verde cactus) was listed as threatened without

critical habitat in October 1979 (44 FR 62471). The Endangered Species Act is the primary Federal law providing protection for the species. Beyond the listing of the species, these protections are afforded particularly through sections 7 and 9 of the Act. Section 7 of the Act requires Federal agencies to ensure that any action authorized, funded, or implemented by them is not likely to jeopardize the continued existence of listed species or modify their critical habitat, although there is no critical habitat designated for this species. Section 7 also encourages Federal agencies to use their authorities to carry out programs for the conservation and recovery of listed species. Section 9 of the Act prohibits the removal,

damage, or destruction of listed plants on Federal lands and on other areas in knowing violation of any State law or regulation or State criminal trespass law. The Service has addressed numerous projects within potential S. mesae-verdae habitat through formal section 7 consultations with BLM, BIA, and BOR. The National Environmental Policy Act (NEPA) may provide some protection for

S. mesae-verdae for projects with a Federal nexus (i.e., funding, authorization, or

permitting). NEPA requires that the planning process for Federal actions be analyzed to ensure that effects on the environment are considered. The NEPA process is intended to help public officials make better decisions based on an understanding of the environmental consequences of their actions and to take actions to protect, restore, and enhance the environment (40 CFR 1500.1). Carrying out the NEPA process ensures that agency decision makers have

information about the environmental effects of Federal actions and information on a range of alternatives that will accomplish the project purpose and need.

Federally listed plants occurring on private lands have very limited protection under the Act unless they are also protected by State laws. S. mesae-verdae is listed as endangered by the State of New Mexico under the New Mexico Endangered Plant Species Act, Section 75-6-1 NMSA 1978, which protects it from unauthorized collection, transport, and sale, but provides no protection from land use impacts. This species is not state listed as threatened or endangered in Colorado. There are no regulatory protections for federally listed threatened and endangered plant species from surface disturbing land uses on private or state owned lands in New Mexico, unless they are authorized, funded, or carried out by a Federal agency and subject to section 7 consultation of the Act. Prohibitions for this species under State law would not be sufficient for its conservation if S.

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All native cacti, including S. mesae-verdae, are on Appendix II of Convention on International Trade of Endangered Species (CITES). Trade of S. mesae-verdae seeds and plants (import and export) is regulated under CITES, but there are no protections for internal trade or habitat destruction under this convention. While State and Federal laws against cactus collecting can be substantial and effective deterrents, illegal collecting of S. mesae-verdae may regularly occur and likely goes undetected. Most of these populations are located in remote areas with some road access, but are rarely patrolled by law enforcement agents.

The Lacey Act, as amended in 1981, prevents the import, export, sale, acquisition, purchase or interstate commerce or foreign commerce of any plant and/or animal taken, possessed, or sold in violation of any law, treaty, or regulation of the United States, any Indian tribal law, or any regulation of any State. If transported or exchanged for currency, the cactus could be protected under the Lacey Act. Bureau of Land Management Manual 6840 establishes Special Status Species (SSS) policy for plant and animal species and the habitat on which they depend. This SSS policy refers not only to species protected under the Act, but also to those designated by the State Director as Sensitive. The BLM maintains the S.

mesae-verdae as a SSS. The intent of the sensitive species designation is to

ensure that actions on BLM administered lands consider the welfare of these species and do not contribute to the need to list any SSS under the provisions of the Act.

The Hogback ACEC, located on BLM administered lands, was established after the cactus was listed in 1987. This ACEC designation is intended to ensure that proposed projects in this area receive the highest environmental scrutiny before being implemented. Projects are not prevented from occurring in the ACEC, but recommendations may be made to modify them to protect certain critical

resources including S. mesae-verdae habitat.

Navajo Tribal Code 17 Section 500(8) defines and protects species in three Groups based on a species’ conservation status. Group 1 species or subspecies that are no longer found on the Navajo Nation. Group 2 applies to species or subspecies whose prospects of survival or recruitment are in jeopardy, and Group 3 incorporates species or subspecies whose prospects of survival or recruitment are in jeopardy in the foreseeable future. S. mesae-verdae is listed as a G2 Endangered species on Navajo Nation lands, which means that the species’ prospects of survival or recruitment are or are likely to be in jeopardy (Navajo Natural Heritage Program 2008b).

Title 17 § 507 of the Navajo Tribal Code makes it unlawful for any person to “take, possess, transport, export, process, sell or offer for sale or ship any species or subspecies” on the Navajo Endangered Species List.

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Existing regulatory mechanisms, secured through the ESA, have reduced some threats on Federal lands. In the absence of the ESA’s protective regulatory mechanism, we believe the situation would be considerably worse. After

considering the regulations other than the ESA designed to protect this cactus, we believe other Federal, Tribal, and State legal protections provided for this species are not sufficient for its conservation in the foreseeable future.

2.3.2.5 Other natural or manmade factors affecting its continued existence –